What is the meaning Fact Judicially noticeable need not be proved? What are the Facts of which Court must take judicial notice? Section 56 and 57 of Indian Evidence Act 1872

Fact Judicially noticeable need not be proved and Facts of which Court must take judicial notice are defined under section 56 and 57 of Indian Evidence Act 1872. Provisions under these sections are:

Section 56 of Evidence Act "Fact Judicially noticeable need not be proved"

No fact of which the Court will take judicial notice need be proved.

 

Section 57 of Evidence Act "Facts of which Court must take judicial notice"

The Court shall take judicial notice of the following facts:-

[(1) All laws in force in the territory of India :]

(2) All public Acts passed or hereafter to be passed by Parliament [of the United Kingdom], and all local and personal Acts directed by Parliament [of the United Kingdom] to be judicially noticed;

(3) Articles of War for [ the Indian ] Army [Navy or Air Force];

(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any laws for the time being in force in a Province or in the States;

(5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland ;

(6) All seals of which English Courts take judicial notice: the seals of all the [Courts in [India]] and of all Courts out of [India] established by the authority of [the Central Government or the Crown Representative]; the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by [the Constitution or an Act of Parliament of the United Kingdom or an] Act or Regulation having the force of law in [India]

(7) The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in [any Official Gazette];

(8) The existence, title and national flag of every State or Sovereign recognized by [the Government of India];

(9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;

(10) The territories under the dominion of [ the Government of India];

(11) The commencement, continuance, and termination of hostilities between 44[the Government of India] and any other State or body of persons;

(12) The names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of or all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it;

(13) The rule of the road [ on land or at sea].

In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference.

If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.

Indian Evidence Act 1872

What is the meaning - In civil cases character to prove conduct imputed, irrelevant In criminal cases previous good character relevant? Section 52 and 53 of Indian Evidence Act 1872

What is the meaning Previous bad character not relevant, except in reply? What is Character as affecting damages? Section 54 and 55 of Indian Evidence Act 1872

What is the meaning Fact Judicially noticeable need not be proved? What are the Facts of which Court must take judicial notice? Section 56 and 57 of Indian Evidence Act 1872

What is the meaning Facts admitted need not be proved? What is Proof of facts by oral evidence? Oral evidence must be direct Section 58, 59 and 60 of Indian Evidence Act 1872

What is Proof of contents of documents? What is Primary evidence? What is Secondary evidence? Section 61, 62 and 63 of Indian Evidence Act 1872

What is Proof of documents by primary evidence? What are Cases in which secondary evidence relating to documents may be given? Section 64 and 65 of Indian Evidence Act 1872

What is Special provisions as to evidence relating to electronic record? What is Admissibility of electronic records? Section 65A and 65B of Indian Evidence Act 1872

What is Rules as to notice to produce? What is Proof of signature and handwriting of person alleged to have signed or written document produced? Section 66 and 67 of Indian Evidence Act 1872

What is Proof as to digital signature? What is Proof of execution of document required by law to be attested? Section 67A and 68 of Indian Evidence Act 1872

What is Proof where no attesting witness found? What is admission of execution by party to attested document? Section 69 and 70 of Indian Evidence Act 1872

 

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